Supreme Court Rejects Writ Petition Challenging Attorney General's Appointment

Kathmandu. The Supreme Court has refused to register a writ petition demanding the annulment of the appointment of Attorney General Dr. Narayan Dutta Kadel.

Supreme Court Registrar Bhadrakali Pokharel rejected the petition on Friday, which was filed by Advocate Madhav Kumar Basnet against the Office of the Prime Minister and Council of Ministers. Prime Minister Balendra Shah (Balen) appointed Kadel as Attorney General on Chaitra 22. The writ questioned Kadel's constitutional qualifications.

Petitioner Basnet claimed that Dr. Narayan Dutta Kadel did not meet the qualifications stipulated under Articles 157(3) and 129(5) of the Constitution of Nepal. The petition sought an order of certiorari to annul the appointment and oath taken on Chaitra 22, 2082, and requested a writ of quo warranto. Additionally, an interim order was sought to prevent Dr. Kadel from performing his duties until the final resolution of the case.

In the rejection order, citing the petitioner's claims, it is stated: "Under Rule 40(1)(c) of the Supreme Court Rules, 2074, the petitioner failed to provide documents confirming how their fundamental or legal rights were violated. Furthermore, if the opposing party acted against the law, legal remedies could be sought through regular courts; therefore, this petition cannot be registered under the extraordinary jurisdiction of this court."

Registrar Pokharel's order mentions that the rejection was made in accordance with Section 128 of the Civil Procedure Code, 2074, and Rule 18(2) of the Supreme Court Rules, 2074.

The order stated that although the matter was presented as a public interest litigation, there was no basis to substantiate the claims, and the court's extraordinary jurisdiction (writ jurisdiction) cannot be invoked for matters where legal remedies are available through regular courts.